[Federal Register Volume 70, Number 124 (Wednesday, June 29, 2005)]
[Notices]
[Pages 37333-37334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12747]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Waiver of 10 U.S.C. 2534 for Certain Defense Items Produced in
the United Kingdom
AGENCY: Department of Defense (DoD).
ACTION: Notice of waiver of 10 U.S.C. 2534 for certain defense items
produced in the United Kingdom.
-----------------------------------------------------------------------
SUMMARY: The Under Secretary of Defense (Acquisition, Technology, and
Logistics) is waiving the limitation of 10 U.S.C. 2534 for certain
defense items produced in the United Kingdom (UK). 10 U.S.C. 2534
limits DoD procurement of certain items to sources in the national
technology and industrial base. The waiver will permit procurement of
items enumerated from sources in the UK, unless otherwise restricted by
statute.
DATES: This waiver is effective for one year, beginning July 14, 2005.
FOR FURTHER INFORMATION CONTACT: Ms. Barbara Glotfelty, OUSD (AT&L),
Director of Defense Procurement and Acquisition Policy, Program
Acquisition and International Contracting, Room 5E581, 3060 Defense
Pentagon, Washington, DC 20301-3060, telephone (703) 697-9351.
SUPPLEMENTARY INFORMATION: Subsection (a) of 10 U.S.C. 2534 provides
that the Secretary of Defense may procure the items listed in that
subsection only if the manufacturer of the item is part of the national
technology and industrial base. Subsection (i) of 10 U.S.C. 2534
authorizes the Secretary of Defense to exercise the waiver authority in
subsection (d), on the basis of the applicability of paragraph (2) or
(3) of that subsection, only if the waiver is made for a particular
item listed in subsection (a) and for a particular foreign country.
Subsection (d) authorizes a waiver if the Secretary determines that
application of the limitation ``would impede the reciprocal procurement
of defense items under a memorandum of understanding providing for
reciprocal procurement of defense items'' and if he determines that
``that country does not discriminate against defense items produced in
the United States to a greater degree than the United States
discriminates against defense items produced in that country.'' The
Secretary of Defense has delegated the waiver authority of 10 U.S.C.
2534(d) to the Under Secretary of Defense (Acquisition, Technology, and
Logistics).
DoD has had a Reciprocal Defense Procurement Memorandum of
Understanding (MOU) with the UK since 1975, most recently renewed on
December 16, 2004.
The Under Secretary of Defense (Acquisition, Technology, and
Logistics) finds that the UK does not discriminate against defense
items produced in the United States to a greater degree than the United
States discriminates against defense items produced in the UK, and also
finds that application of the limitation in 10 U.S.C. 2534 against
defense items produced in the UK would impede the reciprocal
procurement of defense items under the MOU.
Under the authority of 10 U.S.C. 2534, the Under Secretary of
Defense (Acquisition, Technology, and Logistics) has determined that
application of the limitation of 10 U.S.C. 2534(a) to the procurement
of any defense item produced in the UK that is listed below would
impede the reciprocal procurement of defense items under the MOU with
the UK.
On the basis of the foregoing, the Under Secretary of Defense
(Acquisition, Technology, and Logistics) is waiving the limitation in
10 U.S.C. 2534(a) for procurements of any defense item listed below
that is produced in the UK. This waiver applies only to the limitations
in 10 U.S.C. 2534(a). It does not apply to any other limitation,
including sections 8016 and 8059 of the DoD Appropriations Act for
Fiscal Year 2005 (Pub. L. 108-287). This waiver applies to procurements
under solicitations issued during the period
[[Page 37334]]
from July 14, 2005, to July 13, 2006. Similar waivers have been granted
since 1998 (63 FR 38815, July 20, 1998; 64 FR 38896, July 20, 1999; 65
FR 47968, August 4, 2000; 66 FR 40680, August 3, 2001; and 67 FR 50423,
August 2, 2002). For contracts resulting from solicitations issued
prior to August 4, 1998, this waiver applies to procurements of the
defense items listed below under--
(1) Subcontracts entered into during the period from July 14, 2005,
to July 13, 2006, provided the prime contract is modified to provide
the Government adequate consideration such as lower cost or improved
performance; and
(2) Options that are exercised during the period from July 14,
2005, to July 13, 2006, if the option prices are adjusted for any
reason other than the application of the waiver, and if the contract is
modified to provide the Government adequate consideration such as lower
cost or improved performance.
List of Items To Which This Waiver Applies
1. Air circuit breakers.
2. Welded shipboard anchor and mooring chain with a diameter of
four inches or less.
3. Gyrocompasses.
4. Electronic navigation chart systems.
5. Steering controls.
6. Pumps.
7. Propulsion and machinery control systems.
8. Totally enclosed lifeboats.
9. Ball and roller bearings.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
[FR Doc. 05-12747 Filed 6-28-05; 8:45 am]
BILLING CODE 5001-08-P